TRANSFLO
Mobile+ – End User License Agreement
This
End User License Agreement (“Agreement”) sets forth the terms and conditions
governing the use of the TRANSFLO Mobile+ application downloaded or otherwise
acquired by you (the “Application”). By using the Application, you agree to be
bound by the terms and conditions of this Agreement.
Application
License
Subject
to the terms and conditions set forth in this Agreement, Pegasus TransTech LLC
(“Pegasus”) grants to you a non-exclusive license to use the Application. This
Agreement will also apply to any update to the Application made available by
Pegasus, unless an update is accompanied by separate terms, in which case such
separate terms will govern.
Prohibited
Uses of the Application
You
agree to comply with all applicable laws, rules, and regulations in connection
with your access and use of the Application. The Application may not be used
while operating a vehicle. In some locations actively using an application on a
mobile phone is illegal and may result in citations and fines. Pegasus will not
be liable due to any claim arising from your use of the Application while
operating a vehicle. In addition, you may not reverse engineer, decompile,
disassemble, or otherwise attempt to derive the source code of the Application.
Mobile
Network Charges
Pegasus
is not responsible for your mobile phone or the mobile network that is provided
by your mobile network provider. Your mobile network provider will charge you
for the data services you use while accessing and using the Application in
accordance with its contract with you. Your mobile network provider may also
have an acceptable use policy which will apply to your use of the Application.
You should contact your mobile network provider to find out about any
applicable charges and any acceptable use policy before using the Application.
No
Warranties or Liability
The
Application is provided to you “AS IS”. Pegasus does not warrant that the
functions contained in the Application will meet your requirements or that the
operation of the Application will be uninterrupted or error free. You
assume responsibility for operation of the Application, and for the installation,
use, and results obtained from the Application. Pegasus does not give any
warranties in respect of the Application, or the network, content, software or
services used in conjunction with the Application. Pegasus hereby disclaims all
warranties, whether express or implied, with respect to the Application
including, but not limited to, the warranties of merchantability, design or
fitness for a particular purpose, or warranties concerning the non infringement
of third party rights. To the maximum extent allowed by law, in no event will
Pegasus and its licensors be liable to you for any claims, damages, or costs
whatsoever, whether direct, consequential, indirect, incidental, special, or
punitive, arising out of the use or inability to use the Application even if a Pegasus
representative has been advised of the possibility thereof and regardless of
the legal theory under which the same is brought.
Intellectual
Property
The
Application and any updates thereto are the intellectual property of, and all
rights therein are owned exclusively by, Pegasus and its licensors. The
structure, organization, methods, and code of the Application are the valuable
trade secrets and confidential information of Pegasus. The Application is
protected by law, including without limitation the copyright laws of the United
States and other countries, and by international treaty provisions. The
Application is licensed, not sold, to you.
All right, title and interest, and all intellectual property rights in
and to the Application are owned by Pegasus or its licensors. Except as expressly stated herein, no other
rights are granted to you by implication, estoppel, or otherwise, under any
patent, copyright, trade secret, trademark, or other intellectual property
right. Any and all rights not expressly granted herein are reserved by Pegasus.
Advertisements
Pegasus
will respect the privacy of your email address and agrees to not distribute
your email address to any third parties, but reserves the right to send you
periodic advertisements and announcements: (a) by presenting ads in the user
interface of the Software; (b) via email to the email address supplied by you;
(c) through the Pegasus website when you login; and (d) other methods available
to Pegasus.
Privacy
Policy
The
Application may request or collect certain limited information about you when
you use the Application. Such information might consist of your name, your
email address, location, and device identification as well as technical data
and related information, including but not limited to technical information
about your device, system and application software (collectively “Personal
Information”). The Application may also collect information regarding what
content you send through the Application and who you send it to (“Transmission
Data”). The Application may also use cookies or other passive tracking
mechanisms and tools to collect information in order to facilitate your use of
the Application. Furthermore, Pegasus may collect aggregated non-personal data
from all users of the Application relating to, for example, the number of
transactions processed through the Application (“Aggregate Data”). Pegasus will only use the Aggregate Data to
assess the overall use of the Application by users in order to determine how
the Application is being used and how it and other products and services can be
improved.
Pegasus
may share Transmission Data with third party business partners who assist
Pegasus in providing its products and services, provided that Pegasus will not
provide such third party business partners with your Personal Information
without your consent. Pegasus may share Aggregate Data if Pegasus believes it
is necessary to comply with any legal process or other legal requirements of
any governmental authority or if Pegasus believes it is otherwise necessary to
protect Pegasus’s rights or property.
Term
and Termination
The
license granted hereunder is effective for an indefinite period of time, until
Pegasus terminates it, or until you provide notice to Pegasus of your decision to
terminate it. Your rights under this Agreement will terminate automatically
without notice to you if you fail to comply with any of the provisions of this
Agreement. Pegasus reserves the right to suspend, discontinue, enhance, update
or otherwise modify the Application, or its availability to you, at any time
without notice. Upon termination of the license to the Application, you will
cease all use of and uninstall the Application.
Governing
Law; Remedies
This
Agreement will be governed by, and construed and enforced in accordance with,
the substantive laws of the State of Florida, USA, without regard to principles
governing conflict of laws. Any litigation between parties relating to this
Agreement or the subject matter hereof shall be brought and tried only in the
courts of competent jurisdiction located in Hillsborough County, Florida.
General
Provisions
If
any part of this Agreement is found void and unenforceable, the rest will
remain valid and enforceable. This is the entire agreement between Pegasus and
you relating to the Application and it supersedes any prior representations,
discussions, undertakings, communications or advertising relating to the
Application.
By
pressing “Accept” you acknowledge that you have read, understand, and agree to
all of the terms and conditions of this Agreement.